now, the political piece of this, which is really interesting, is that the obama administration has a huge rule of law problem. they have got a rule of law problem moving back, meaning that the bush administration officials that were responsible for the illegality in the torture are not being prosecuted. they have a rule of law problem moving forward, which is they're trying to get these detainees through the eye of a political needle called the military commissions and they're trying to figure out what can we electrothrow on them? >> the process has been constructed around the paul 6 and the court decisions. >> let's make a broader pointing. i don't agree that rule of law has been thrown out the window. this is how it's important to get this right. as imperfect as the process has been under this president and the last one, if we don't get this right, if we don't get a tribunal process right, if we don't get the mechanisms right for assessing guilt and innocence among these people, that the battlefieldin sent i've is not to capture but to kill. that's something that we have to think r